SENATE BILL REPORT

SB 5552

BYSenators Bailey, Bender, Nelson and Johnson

Providing standards for appointment of chief law enforcement officers.

Senate Committee on Governmental Operations

Senate Hearing Date(s):February 24, 1987; March 4, 1987

Majority Report:  That Substitute Senate Bill No. 5552 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Halsan, Chairman; Garrett, Vice Chairman; DeJarnatt, Talmadge, Zimmerman.

Senate Staff:Sam Thompson (786-7754); Eugene Green (786-7405)

                  March 12, 1987

AS REPORTED BY COMMITTEE ON GOVERNMENTAL OPERATIONS, MARCH 4, 1987

BACKGROUND:

Towns are defined in the RCW as fourth class municipalities with populations of 300 to 1500 people.  There are 100 towns in Washington.

The chief law enforcement officer in a town is appointed by the mayor.  All full-time law enforcement employees in towns, like those in other municipalities, must complete a course in basic law enforcement.  The course, sponsored or conducted by the Criminal Justice Training Commission, is 440 hours of instruction.  It must be completed within the initial 15 months of law enforcement employment.

In certain cases, a certificate of equivalent basic training may be obtained from the Commission.  In other cases, the training requirement may be waived.

Presently, the only preappointment requirements of a town's chief law enforcement officer are those applying to any civil service position.  Applicants must be U.S. citizens who can read and write English.  They must also be of an age suitable for the position applied for, in good health, of good moral character, and of temperate and industrious habits.

The growing complexity of law enforcement has led to the suggestion that applicants for chief law enforcement officer be subject to other requirements as well.

SUMMARY:

The Legislature finds that the increasing complexity of law enforcement requires minimum qualifications for candidates for chief law enforcement officer in towns.

Requirements for appointment include at least two years of regular full-time commissioned law enforcement employment involving general enforcement responsibilities with a government law enforcement agency.  An applicant must have been certified as a regular and commissioned enforcement officer, having met the basic training requirement or its equivalency.  Other requirements:  U.S. citizenship; a high school or general equivalency diploma; no convictions for felonies, crimes involving moral turpitude, or gross misdemeanors within five years of the date of application; and honorable discharge for any military service.  Applicants must provide a sworn statement that they meet these requirements.

Prior to appointment, the appointing agency must complete a thorough background investigation of a candidate according to standards set by the Washington Association of Sheriffs and Police Chiefs.

EFFECT OF PROPOSED SUBSTITUTE:

The provisions in the original bill are made applicable to all cities and towns.  The requirements for appointment to the office of chief law enforcement officer are altered.  Candidates need no longer have had general law enforcement experience; candidates with specialized law enforcement experience (e.g., former FBI agents) are eligible for appointment.  In addition, candidates are no longer required to have received at least an honorable discharge for any military service; a general discharge under honorable conditions suffices.  Persons who have ever been convicted of a felony (not just within five years of the date of application) are ineligible for appointment.

Fiscal Note:      none requested

Senate Committee - Testified: Bob Kane, Chief of Police, Stanwood; Jim Palmer, Chief of Police, Brier; Mike Redman, Washington Association of Prosecuting Attorneys